Minimum Wage - Sent home early

asm51

I work as at a Private Hospital earning just over the National Minimum Wage (£9.10 per hour). I am rostered for 6 or 12 hour shifts. Recently, the Hospital has been doing N.H.S work and as a result we have had less patients and I have been going home early, often 1-2 hours early. However, because of the nature of the work I do not know when I will be going home until it happens. If the work overruns I am expected to stay on, which I do. My Work Contract states that if they 'cannot provide your contracted hours' I owe the company that time and can be asked to make up the hours, or not be paid for it.

Am I correct in thinking that, as I have been rostered to work, and must be available for work, the company should pay me at least the Minimum Wage for that period, even if they send me home earlier than planned? If I were earning a lot more than the Minimum Wage my average earnings over the shift would likely be more than the Minimum wage even if they sent me home early. However, as I earn only a little more than the Minimum Wage should they pay me at least that wage for the whole shift?

JamoLew

from what you have said - if they send you home lets say 2 hours early, you either owe them 2 hours work OR you dont get paid for those 2 hours (how that's determined, I don't know)
Your hourly rate remains unchanged

asm51

Thank you for your reply. The Contract actually states: 'Should you be unable or unwilling to work back those hours within an agreed timeframe, we reserve the right to make an equivalent deduction from your pay'.
I understand this but I am not sure it is legal as to do so would reduce my wage over the shift to below the Minimum Wage. I think that as I am required to be available for work for the whole shift that counts as a Minimum Wage period?

RichardD1970

asm51 said:

Thank you for your reply. The Contract actually states: 'Should you be unable or unwilling to work back those hours within an agreed timeframe, we reserve the right to make an equivalent deduction from your pay'.
I understand this but I am not sure it is legal as to do so would reduce my wage over the shift to below the Minimum Wage. I think that as I am required to be available for work for the whole shift that counts as a Minimum Wage period?

I don't see how. You are being paid for the hours worked.

If you go home 2 hrs early and they pay you for those 2 hrs and you then don't work them back within wherever time frame is stipulated, they are just reclaiming the 2 hrs pay that they paid you for, which you didn't work. 

Apintplease

In my place of work, its deducted from our over hours

eg, Im paid for 24hrs a week regardless. Quite often we finish early BUT there will always be at least 3 or 4 hours required on a Saturday so those that are short their hours are the ones who come in then. I tend to work 2 Saturdays a month to make sure my hours are covered

During the downturn because of covid, those that weren't furloughed but will still down on their hours had them taken from their holiday pay. Our weekly pay would always be what was expected for the hours we are contracted for

asm51

OK. I accept they don't have to pay me if I'm sent home even though, as I have been Rostered  and am available for work, I think they should. What if I'm asked to make up the hours in the following month or they make a corresponding deduction from my pay the following month? As that would be the next N.M.W pay reference period could that drag my average wage over that period to less than N.M.W and thus be illegal? There is no mention in my Contract of having my Holiday reduced in these circumstances.

lincroft1710

asm51 said:

What if I'm asked to make up the hours in the following month or they make a corresponding deduction from my pay the following month? As that would be the next N.M.W pay reference period could that drag my average wage over that period to less than N.M.W and thus be illegal? 

Has this actually happened?

ToxicWomble

Be careful of the battles you choose to fight.
Technically, depending on the pay periods you may drop below NMW - that will corrected by the next one.
If you work 20 hours but get paid for 24 for example you effectively get an hourly pay increase for this period which then gets adjusted the next pay period.
Over the two periods- you hourly rate is unchanged.
Dont go looking for a fight where there isn’t one, it might not end in the way you want

asm51

lincroft1710 said:
 Has this actually happened?

ToxicWomble said:

Dont go looking for a fight where there isn’t one, it might not end in the way you want

Thanks for your advice. This has not actually happened yet but looks as though it is about to. I still think they would be on a sticky wicket if they deducted from my pay in another pay reference period as I understand each period is a separate entity. However, I probably will just accept it.

Covid has put my back up over this. Over April/May I worked many more individual shifts than normal with the same amount of work to do in each shift (sweating buckets in full PPE) but each shift was shorter as we were working with the N.H.S who knock off early. Due to this virtually 'zero hours' contract clause I got hardly any extra pay for my efforts!

ToxicWomble

Trust me - the NHS do NOT “knock off early”
unpaid overtime is more likely than anything else.

Masomnia

ToxicWomble said:

Trust me - the NHS do NOT “knock off early”
unpaid overtime is more likely than anything else.

Possibly depends on the department/Trust but I saw it in my brief stint in the NHS and it's one reason a family member became disillusioned. That's a side issue though.

NMW is based on what you actually work. Depending on your contract you may be due the money anyway, but how much you fight it is going to depend on whether your contract does provide for you being for the full shift (I guess this is unlikely) and how much you want to keep this job.